Hamilton Mayor John Bencivengo asks state to seize Trenton Water Works; council prez says no way

Hamilton Township Mayor John Bencivengo. On Monday, Dec. 13, 2010, he wrote New Jersey Gov. Chris Christie a letter requesting a state takeover of the City of Trenton's troubled water utility. Trenton Water Works services Trentonians as well as suburbanites in Hamilton, Ewing, Lawrence and Hopewell townships.

Hamilton Township Mayor John Bencivengo. On Monday, Dec. 13, 2010, he wrote New Jersey Gov. Chris Christie a letter requesting a state takeover of the City of Trenton's troubled water utility. Trenton Water Works services Trentonians as well as suburbanites in Hamilton, Ewing, Lawrence and Hopewell townships.

HAMILTON -- Mayor John Bencivengo on Monday wrote a letter to Gov. Chris Christie requesting the state to take over the management of Trenton Water Works, the City of Trenton's troubled water utility that services the majority of Hamilton residents, as well as residents in Ewing, Lawrence and Hopewell townships.

"Numerous instances over the past several months have provided me with absolutely no confidence that this utility can remain under the supervision of the City of Trenton and be responsibly operated in a manner that protects the safety of Hamilton residents and the fiscal integrity that the consumers of our community are entitled to and deserve," Bencivengo wrote in his letter to Christie.

The governor's office on Monday confirmed it received the letter but referred comments to the New Jersey Department of Community Affairs, which declined to comment.

A spokesperson for Trenton Mayor Tony Mack, Lauren Ira, on Monday said the city has no comment for this story. However, Trenton City Council President George Muschal defended Trenton's ownership of Trenton Water Works and said he'll continue his fight to retain the utility and to improve its management.

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Bencivengo pointed to six serious issues of concern to argue why the City of Trenton can no longer be trusted to manage its water utility.

Among these issues is last week's arrest of Trenton Water Works employees Robert Keith Williams and Stanley "Muscles" Davis, both of whom have been charged with theft by deception and official misconduct on allegations they got paid to do private plumbing jobs with city equipment on city time. Davis is the half-brother of Trenton's mayor.

Another issue Bencivengo cited is TWW's alleged failure to make safety repairs dealing with chlorination of water. According to Bencivengo, the state Department of Environmental Protection in recent years has ordered Trenton to chlorinate the utility's water, which minimizes the presence of bacteria in a potable water system.

Bencivengo also chastised Trenton for its brown water fiasco of October that forced the city to issue boil water advisories. Mack described that water emergency as a "natural disaster" and "act of God," but a Trenton Water Works supervisor who quit and blew the whistle, Ron Lind, said the real reason "was strictly human error" and "could have been prevented" if TWW had better leadership and employees.

The mayor also mentioned the Trenton Water Works line collapses in Hamilton, emphasizing the massive sinkhole that formed on East State Street during October's boil water period.

The remaining two issues of concern Bencivengo raised is Trenton Water Works revenue being used to plug holes in the city's operating budget and suburban TWW ratepayers being "taxed" by Trenton without representation.

"Hamilton residents are seeing portions of their water bills used to help fund the staggering budget shortfalls of the City of Trenton while the water pipes that they are paying for are falling apart," Bencivengo said in his letter to Christie.

The water utility's suburbanite ratepayers "have no say in the management of the utility or the right to contest the rate they are charged," Bencivengo said. "The water rate is set by the Trenton City Council and mayor without any review by (the state) Board of Public Utilities. This is essentially taxation (or rate charging) without representation."

If it's not possible for the state to take over management of the utility, Bencivengo in his letter said the state should provide suburban towns with guidance on how they can escape the city's control over the utility and investigate alternatives for another entity to manage the portions of the water system that serve, and have been paid for, by their residents.

"It's just one thing after another, and there's obvious mismanagement there and we have to get to the bottom of it," Bencivengo told The Trentonian Monday afternoon, referring to Trenton Water Works.

"I'm hoping for immediate action by the governor's office and that our New Jersey DEP commissioner takes action as soon as he gets authorization to do so and that this is managed properly for our consumers."

Muschal, who represents Trenton's South Ward, on Monday said the city is at a "bumpy road" with its water utility, but he said he has the ideas and community support to "turn it around" and make Trenton Water Works better for all ratepayers.

"The state is in no position to take over a water department. We were here for years. For years we've given out water to everyone," Muschal told The Trentonian. "I understand the mayor and his concern for the township, but he doesn't have to worry, because as long as I'm watching guard, I won't let nothing get out of hand."

Muschal, who owns the Wishie Washie laundromat on Lalor Street, was one of the major city activists who organized in February 2009 in a movement that ultimately prevented Trenton's previous mayor, Doug Palmer, from selling Trenton Water Works' suburban infrastructure to a private company.

Muschal said he and the city activists like Michael McGrath will be "watchdogs" who monitor the water utility "to make sure it's run right. ... We worked hard to keep this. We don't want to lose this."